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AGREEMENT
Between
FORKNER ELEMENTARY PTA
And the
CITY OF FRESNO
Forkner Elementary PTA
2013-2014
GENERAL INFORMATION
Forkner Elementary
Parent Teacher Association
Ryan A. Duff
City of Fresno
PARCS Department
848 M Street 3'd Floor
Fresno, CA93721
Manuel l. Hernandez
(55e) 621-6621
Number or 94-6000338
Forkner Elementary
Parent Teacher Association
Fresno Unified School District
Forkner Elementary
7120 N. Valentine
Fresno, CA 93711
This Agreement is made and entered into this 17th dav ofSCptember 29.1_3, by and between Parent
Teacher Association in Fresno Unified School District (hereinafter referred to as "PTA"), and the City
of Fresno (hereinafter referred to as "CONTRACTOR").
1. CONTRACTOR Services. Contractor agrees to provide: The City of Fresno will provide staff
members to facilitate the science program curriculum. Curriculum includes (70) sessions of life
science, earth science and physical science, located at Fresno unified school district's Forkner
Elementary school. The parties anticipate that Contractor will provide these services 70 days at
6 hours per day.
2. CONTRACTOR Qualifications. CONTRACTOR represents that it has in effect all licenses,
permissions, and legal qualifications to perform this Agreement, including:
a. Finqerprintinq. CONTRACTOR expressly acknowledges and certifies that:i. CONTRACTOR and all of its employees, agents, and consultants (hereinafter
collectively "employees") working on a school site do not have a record of
conviction for any serious felony and understand that they must submit or
have submitted fingerprints in a manner authorized by the Department of
Justice, together with the requisite fee as set forth in Education code
Section 45125.1, and that proof of such Department of Justice clearance is
3.
4.
5.
6.
7.
to be provided to the PTA prior to CONTRACTOR or its employees working
at site;
ii. CONTRACTOR shall not permit any employee to come in contact with students
until the Department of Justice has ascertained that the employee has not been
convicted of a serious or violent felony;
iii. CONTRACTOR shall certify in writing to the PTA that none of its employees
who may come in contact with students have been convicted of a serious or
violent felony; and
iv. CONTRACTOR shall provide to PTA a list of names of its employees who
may come in contact with students.
b. TB Clearance. CONTRACTOR expressly acknowledges and certifies that pursuant to
Education Code section 49406 all employees that shall come into contact with students has
submitted to an examination within the last 60 days to determine that he/she is free of active
tuberculosis, or has on file, such determination that is still current and not expired.
Term. This Agreement shall begin on Seotember 17. 2013, and shallterminate on June 12.
2014. There shall be no extension of the term of the agreement without a written agreement
signed by both parties.
Compensation. PTA shall pay CONTRACTOR a maximum of Nine Thousand Eiqht Hundred
Seventeen Dollars and 50/100s ($9,817.50) for all services and materials provided under the
terms of this Agreement. Such compensation includes the following [(max compensation
amount listed in paragraph 4a) + (amount listed in paragraph 4b) + (amount listed in paragraph
4c)l Parent Teacher Association agrees to pay Contractor within thirtv (30) days of receipt of
invoice.
a. Maximum payment to CONTRACTOR for Leader services shall not exceed Six
Thousand Three Hundred Dollars and 00/100s ($6.300.00).
b. Payment to the CONTRACTOR of Two Thousand Six Hun
Dollars and 00/100s ($2.625.00) for the cost of materials, supplies, and deliverables
related to CONTRACTOR'S performance of services under the terms of this
Agreement.
c. Payment to the CONTRACTOR of 10o/o of the sum of paragraphs 4a and 4b in the
amount of Eiqht Hundred Ninet ) related to
CONTRACTOR'S performance of services under the terms of this Agreement.
Conflict of lnterest. CONTRACTOR does not have, or anticipates having, any interest in real
property, investments, business interests in or income from sources which would provide
CONTRACTOR, his/her spouse or minor child (ren) with personalfìnancial gain
as a result of any recommendation, advice, or any other action taken by CONTRACTOR
during the rendition of services under this Agreement.
Termination of Aqreement. Either PTA or CONTRACTOR may terminate this Agreement at
any time for any reason upon thirty (30) days written notice. ln the event of early termination,
CONTRACTOR shall be paid for satisfactory work performed to the date of termination. PTA
may then proceed with the work in any manner PTA deems proper.
lndemnification. Contractor shall indemnify, hold harmless and defend PTA and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred by PTA,
Contractor or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of
Contractor or any of its officers, officials, employees, agents or volunteers in the performance
of this Agreement.
PTA shall indemnify, hold harmless and defend Contractor and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by the Contractor, PTA or
any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly
from the negligent or intentional acts or omissions, or willful misconduct of PTA or any of its
otficers, officials, employees, agents or volunteers in the performance of this Agreement.
ln the event of concurrent negligence on the part of Contractor or any of its officers, officials,
employees, agents or volunteers, and PTA or any of its officers, officials, employees, agents or
volunteers, the liability for any and all such claims, demands and actions in law or equity for
such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the
State of California's theory of comparative negligence as presently established or as may be
modified hereafter.
This section shall survive termination or expiration of this Agreement.
8. lnsurance. lt is understood and agreed that Contractor and PTA maintain insurance policies or
self-insurance programs to fund their respective liabilities. The parties agree that such
respective programs or policy coverage for Workers' Compensation shall contain a waiver of
subrogation as to the other party and each of its officers, otficials, agents, employees and
volunteers. Evidence of lnsurancê, ê.g., Certificates of lnsurance or other similar
documentation, shall not be required of either pady under this Agreement.
9. lndependent CONTRACTOR Status. While engaged in carrying out the terms and conditions
of this Agreement, the CONTRACTOR is an independent contractor, and not an officer,
employee, agent, partner, or joint venture of PTA.
10. Worker's Compensation lnsurance. CONTRACTOR agrees to provide all necessary Workers'
Compensation insurance for CONTRACTOR'S employees, if any, at CONTRACTOR'S own
cost and expense.
11. Taxes. CONTRACTOR agrees that CONTRACTOR has no entitlement to any future work
from PTA or to any employment or fringe benefits from PTA. Payments to the CONTRACTOR
pursuant to this Agreement will be repoded to Federal and State taxing authorities as required.
PTA will not withhold any money from compensation payable to CONTRACTOR. ln particular,
PTA will not withhold FICA (social security) state or federal unemployment insurance
contributions, state or federal income tax or disability insurance. CONTRACTOR is
independently responsible for the payment of all applicable taxes.
12. Assionment. The CONTRACTOR shall not assign or transfer by operation of law or othen¡rise
any or all of its rights, burdens, duties, or obligations without the prior written consent of PTA.
13. Bindinq Effect. This Agreement shall inure to the benefit of and shall be binding upon the
CONTRACTOR and PTA and their respective successors and assigns.
14. Severabilitv. lf any provision of this Agreement shall be held invalid or unenforceable by a
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
15. Amendments. The terms of the agreement shall not be waived, altered, modified,
supplemented, or amended in any manner whatsoever except by written agreement signed by
both parties.
16. Governinq Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California and venue shall be in the appropriate Superior Court in Fresno,
California.
17. Written Notice. Written notice shall be deemed to have been duly served if sent by certified
return receipt mailto:
ËD:
Fresno Unified School District, PTA
Attention: Ryan A. Duff, Principal
Forkner Elementary
7120 N. Valentine
Fresno, CA 93711
CONTRACTOR:
City of Fresno PARCS Department
Attention: Bruce A. Rudd
City Manager
848 M Street 3'd Floor
Fresno, CA93721
18. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its
subcontractors (if applicable) shall not unlavrrfully discriminate, harass, or allow harassment
against any employee or applicant for employment because of race, religion, color, national
origin, ancestry, physical disability (including HIV and AIDS), medical condition (cancer
related), marital status, age (over 40), gender, sexual preference, or any other non-merit factor
unrelated to job duties. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. CONTRACTOR and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination
and harassment. CONTRACTOR and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Government Code, Section 12900 ef seq.) and the
applicable regulations promulgated hereunder (California Administrative Code, Title 2, Section
7285.0 ef seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2
of the California Code of Regulations are incorporated into this Agreement by reference and
made a part hereof as if set forth in full.
19. Compliance with Law. CONTRACTOR agrees that it shall comply with all legal requirements
for the performance of its duties under this agreement and that failure to do shall constitute
material breach.
20. Entire Aqreement. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as the complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
21. Execution of Other Documents. The parties to this Agreement shall cooperate fully in the
execution of any and all other documents and in the completion of any additional actions that
may be necessary or appropriate to give full force and effect to the terms and intent of this
Agreement.
Executed at Fresno, California, on the date and year first written above.
CONTRACTOR
City of Fresno
City Manager
ATTEST:
Forkner Elementary
APPROVED TO AS FORM:
Douglas T. Sloan
Fresno City Attorney
WONNE SPENCE
Clerk, City of Fresno
REVIEWED BY:
Forkner Elementary